CACHAR ISPAT PVT. LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Hazarika, learned Senior Counsel assisted by Ms. S. Newar, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned Standing Counsel, Industries and Commerce Department for the respondents no. 1 & 5, Mr. P. Nayak, learned Standing Counsel, Finance Department for the respondent no.2 and Mr. D. Deka, learned Standing Counsel, Assam Industrial Development Corporation for the respondents no. 2 & 3.

(2.) The petitioners before this Court is a private limited company having its Registered Office in the District of Cachar and is represented by the Director of the present proceedings.

(3.) Pursuant to the announcement of the Industrial Policy of Assam, 2003 by the Government of Assam by notification No.CI.310/2001/Pt-II/61 dtd. 26/9/2003 the petitioner being desirous of establishing an Industry of manufacturing M/s Cachar Ispat Pvt. Ltd at Village-Pangram in the district of Cachar, submitted its application for being considered as an eligible Industry to avail the benefits announced by the Industrial Policy of Assam, 2003. Under the Industrial Policy of Assam, 2003 various incentives were announced by the Government of Assam. Insofar as the writ petitioners are concerned, their claim in the present proceedings is in respect of the subsidy for a sales tax exemption. In order to avail the sales benefits, three categories are specified under the Clause 3.13 of the Industrial Policy of Assam, 2003. The petitioner is a registered enterprise under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 as a small enterprise.